Tag: Human Rights Watch - Page 2 - International Solidarity Movement

Rights group: Israel killed unarmed Palestinians

13 August 2009

A new report by Human Rights Watch charged Thursday that Israeli soldiers killed eleven unarmed Palestinian civilians who were carrying white flags in shooting incidents during Israel’s offensive in Gaza earlier this year.

The report says the civilians included five women and four children. The group urged Israel to conduct investigations into the deaths, which it said occurred when the civilians were “in plain view and posed no apparent security threat.”

The group says at least three witnesses confirmed the details in each of the seven separate shootings.

The report is the latest in a slew of charges from human rights groups alleging that Israel violated the rules of war in its Gaza offensive. The reports on the Gaza war have focused on Israeli violations, but Human Rights Watch has also said Hamas and other Palestinian militant groups violated the rules of war by firing thousands of rockets at Israeli civilians.

Israel says groups like Human Rights Watch are unfairly singling it out and has criticized the methodology of reports based largely on Palestinian testimony. Israel says it did not deliberately target civilians and that noncombatants were killed because Hamas militants took cover, fired rockets and stored ammunition in crowded residential areas.

In a response to the report, the Israeli military said its soldiers were obligated to avoid harming anyone waving a white flag but that in some cases Hamas militants had used civilians with white flags for cover.

“Any person who displays a white flag in this way acts illegally, does not enjoy protection from retaliatory action, and endangers nearby civilian populations,” the military said.

Last month, the Israeli government released its own report defending its use of force in Gaza. The report says Israel is investigating five alleged cases in which soldiers killed civilians carrying white flags, incidents that it said resulted in 10 deaths.

Two of the five incidents were among those mentioned by Human Rights Watch.

Both Israel and the Palestinians acknowledge that more than 1,100 Gazans were killed in the Israeli offensive. Palestinians say most were civilians. Israel says most were armed militants, but has not released evidence to back up that claim.

Ten Israeli soldiers and three civilians were killed during the Gaza war.

Shortly after the new report was released, Israeli government spokesman Mark Regev questioned the organization’s objectivity.

Regev did not directly comment on the Gaza allegations, instead referring to a recent flap over Human Rights Watch’s fundraising activities in Saudi Arabia. The group came under fire for reportedly highlighting its criticism of Israel at a meeting attended by several Saudi officials.

This, Regev said, “raises important questions about the organization’s impartiality, professionalism and credibility.”

Human Rights Watch decries Israel’s use of white phosphorus in report

Human Rights Watch

Rain of Fire: Israel’s Unlawful Use of White Phosphorus in Gaza

Download the entire report (.pdf / 6mb)

Summary

This report documents Israel’s extensive use of white phosphorus munitions during its 22-day military operations in Gaza, from December 27, 2008 to January 18, 2009, named Operation Cast Lead. Based on in-depth investigations in Gaza, the report concludes that the Israel Defense Forces (IDF) repeatedly exploded white phosphorus munitions in the air over populated areas, killing and injuring civilians, and damaging civilian structures, including a school, a market, a humanitarian aid warehouse and a hospital.

White phosphorus munitions did not kill the most civilians in Gaza – many more died from missiles, bombs, heavy artillery, tank shells, and small arms fire – but their use in densely populated neighborhoods, including downtown Gaza City, violated international humanitarian law (the laws of war), which requires taking all feasible precautions to avoid civilian harm and prohibits indiscriminate attacks.

The unlawful use of white phosphorus was neither incidental nor accidental. It was repeated over time and in different locations, with the IDF “air-bursting” the munition in populated areas up to the last days of its military operation. Even if intended as an obscurant rather than as a weapon, the IDF’s repeated firing of air-burst white phosphorus shells from 155mm artillery into densely populated areas was indiscriminate and indicates the commission of war crimes.

The dangers posed by white phosphorus to civilians were well-known to Israeli commanders, who have used the munition for many years. According to a medical report prepared during the hostilities by the ministry of health, “[w]hite phosphorus can cause serious injury and death when it comes into contact with the skin, is inhaled or is swallowed.” The report states that burns on less than 10 percent of the body can be fatal because of damage to the liver, kidneys and heart.

When it wanted an obscurant for its forces, the IDF had a readily available and non-lethal alternative to white phosphorus-smoke shells produced by an Israeli company. The IDF could have used those shells to the same effect and dramatically reduced the harm to civilians.

Using white phosphorus in densely populated areas as a weapon is even more problematic. Human Rights Watch found no evidence that Israeli forces fired ground-burst white phosphorous at hardened military targets, such as Palestinian fighters in bunkers, but it may have air-burst white phosphorous for its incendiary effect. Fired from artillery and air-burst to maximize the area of impact, white phosphorous munitions will not have the same lethal effect as high-explosive shells, but will be just as indiscriminate.

The IDF’s deliberate or reckless use of white phosphorus munitions is evidenced in five ways. First, to Human Rights Watch’s knowledge, the IDF never used its white phosphorus munitions in Gaza before, despite numerous incursions with personnel and armor. Second, the repeated use of air-burst white phosphorus in populated areas until the last days of the operation reveals a pattern or policy of conduct rather than incidental or accidental usage. Third, the IDF was well aware of the effects white phosphorus has and the dangers it can pose to civilians. Fourth, if the IDF used white phosphorus as an obscurant, it failed to use available alternatives, namely smoke munitions, which would have held similar tactical advantages without endangering the civilian population. Fifth, in one of the cases documented in this report – the January 15 strike on the UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) headquarters in Gaza City – the IDF kept firing white phosphorus despite repeated warnings from UN personnel about the danger to civilians. Under international humanitarian law, these circumstances demand the independent investigation of the use of white phosphorus and, if warranted, the prosecution of all those responsible for war crimes.

The IDF at first denied using white phosphorus in Gaza, and then said it was using all weapons in compliance with international law. It now says it is conducting an investigation, reportedly run by a colonel, into the use of white phosphorus. Given the IDF’s record on previous internal investigations, and the relatively low rank of the reported investigation leader, the inquiry’s objectivity remains in doubt.

HRW: Israel Blocks Rights Defender’s Travel

Human Rights Watch

Shawan Jabarin of Al-Haq Unable to Collect Human Rights Prize

The Israeli High Court’s decision on March 10 to block travel outside the West Bank of the human rights defender Shawan Jabarin violates his rights to a fair hearing and freedom of movement, Human Rights Watch said today.

Based on secret evidence that neither Jabarin nor his lawyer were allowed to see, the court refused to lift a travel ban imposed on Jabarin by military order in 2006, shortly after he became the director of Al-Haq, a leading human rights organization in the Occupied Palestinian Territories. Jabarin had petitioned to have the ban lifted in order to travel to the Netherlands this week, where he was to receive the prestigious 2009 Geuzen Medal, awarded by the Stichting Geuzenverzet Foundation, on behalf of Al-Haq. The Israel-based human rights group B’Tselem was the co-winner of this year’s award.

On March 5, Human Rights Watch sent a letter to Maxime Verhagen, the Dutch foreign minister, asking him “to intervene with [his] counterparts in Tel Aviv, so that they may understand the significance of the Geuzen Medal, and the counter-productive decision to block a human rights defender from conducting his work.”

In May 2008, Human Rights Watch wrote to Israeli Defense Minister Ehud Barak, asking him to lift Jabarin’s travel ban.

“The travel ban on Shawan Jabarin does nothing to keep Israel safe, and instead keeps a human rights defender from doing his work,” said Sarah Leah Whitson, Middle East and North Africa director at Human Rights Watch. “Jabarin is a strong advocate for the rule of law who routinely criticizes both Israeli and Palestinian authorities for violating human rights.”